Annual Income

[S1mone 1]

Hello All,

I am not really very good in researching online thats why I always end up typing questions on the forum. Just to give you a brief backgrounder. My fiance has a kid from another woman and we have a kid too. We are currently processing our K1 visa (no Noa2 yet) and CRBA for our kid. do you have any idea how much should be his annual income to support 3 people ( me, our kid and his another kid but is currently in the states). Sorry to confuse you all, I just want to make sure that whatever amount hes making can really support us to avoid denials on the interview stage. Need your help.

[Megan & Luke 93]

Hi

There will be two different income guidelines to follow. For the K-1 (Affidavit of Support form I-134) you or your fiance will need to show that they meet 100% of the poverty guidelines for a family size of 4. (your family size would actually be 4 if you include both children - you, him, child 1, child 2). For a family size of 4 at the 2014 guidelines that's: $23,850

For your eventual AOS filing (form I-864) once you are married your sponsor or fiance will need to be at 125% of the poverty guidelines for the family size of 4 which is: $29,812

If your fiance is a resident of Hawaii or Alaska the above numbers will be incorrect. Those two states have different income requirements.

If your fiance is part of the U.S. Armed Forces the amount is reduced, see the below poverty guidelines link. Ideally, since your paperwork always remains in your file, if your fiance can show 125% or higher right from the K-1 that's good.

There's a bit of information here:

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#8

USCIS updates the poverty guidelines each year. Depending on when you will file will be whichever guidelines that year is in.

The poverty guidelines for 2014 are here:

http://www.uscis.gov/i-864p

This may help also:

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter3-4.html

Edited September 17, 2014 by MeganLuke

[Zedayn 485]

Hello All,

I am not really very good in researching online thats why I always end up typing questions on the forum. Just to give you a brief backgrounder. My fiance has a kid from another woman and we have a kid too. We are currently processing our K1 visa (no Noa2 yet) and CRBA for our kid. do you have any idea how much should be his annual income to support 3 people ( me, our kid and his another kid but is currently in the states). Sorry to confuse you all, I just want to make sure that whatever amount hes making can really support us to avoid denials on the interview stage. Need your help.

Your fiancé needs to have an income that meets 125% the poverty guidelines for a household size of 4, which is $29,812.

Hi

There will be two different income guidelines to follow. For the K-1 (Affidavit of Support form I-134) you or your fiance will need to show that they meet 100% of the poverty guidelines for a family size of 4. (your family size would actually be 4 if you include both children - you, him, child 1, child 2). For a family size of 4 at the 2014 guidelines that's: $23,850

USEM requires 125%, not 100%.

[Megan & Luke 93]

Your fiancé needs to have an income that meets 125% the poverty guidelines for a household size of 4, which is $29,812.

USEM requires 125%, not 100%.

That is good to know, because USCIS doesn't state this anywhere on their page about K-1 information. The only thing they state about income requirements are:

"Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline."

It's a bit ridiculous different embassies require more money - especially if USCIS is going to make blanket statements about income when in fact it won't apply to everyone.